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KANSAS CONTESTED ELECTION. 



SPEECH 



OF 



(P'^V-"' 



HON. M. OLIVER, OF MISSOURI, 

IN THE HOUSE OF REPRESENTATIVES, MARCH 7, 1856, 



On the Resoluiionfrom the Commit fee on Elections in the Contested Election case from 
r1 ^ the Territory of Kansas. 




Mr. OLIVER', of Missouri, siiid: 

Mr. Spe.\ker: As I rarely offer myself to the 
notice of the House, or trespass upon its time, I 
flatter myself that I may, with confidence, claim 
the attention of its members, and bespeak their 
piUient indulgence on this occasion , while I present 
my views upon the sulijoct now before us. 

The question under consideration, as I under- 
stand it, is as to the propriety and, indeed, the 
legality of adopting the resolution reported to the 
House by the majority of the Committee of Elec- 
tions, asking the House to confer upon that com- 
mittee power to send for persons and papers in 
the matter of the contested election between Gov- 
ernor Reeder and General Whitfield. I shall 
endeavor to show, sir, that the House cannot, 
with any legal propriety or justification, adopt 
that resolution— a resolution asking for powers 
so extraordinary under the circumstances. Gen- 
oral Whitfield has been permitted to take his seat 
in this House I)y virtue of the commission which 
hr received from the Governor of the Territory 
of Kansas, certifj'^ing to the House that he was 
duly elected, and is entitled to a seat on this floor 
as DblcgaU! from that Territory. This being the 
case, Governor Reeder makes his appearance 
before the House to contest the right of General 
Whitfield to a seat, and meanwhile sets up the 
strange and extraordinary pretension of his own 
right to occupy the scat now occupied by General 
Whitfield. Governor Reeder contests the right 
of the sitting Delegate mainly upon the ground 
that the law under M'hich he was elected was, 
and is, null and void, for the reason, as he alleges, 
that the Legislature of the Territory which en- 
acted that law was composed of members not 
chosen in accordance with the provisions of the 
act organizing the Territory, but were imposed 
upon the Territory by the illegal votes, accom- 
panit;d by force and violence, of people from the 
neigiiboring State of Missouri. Whether it be 
true or false, that the elections in that Territory 
•wrri'. controlled by illegal voters from the State 
of Missouri, as alleged by Governor Reeder, that 
is tt matter into which this House cannot inquire 
to the end of declaring the laws passed by that 
Li'gi.sjature null and void, I maintain that the 
House, in this contested case, is to be regarded 
as a ciiurt, and governed in its deliberations and 
final adjudication of the questions before it by the 
same rules which would govern a court of justice 



in passing upon any question arising under the 
laws of the Territory of Kansas. 

It becomes, then, important to inquire whether 
any court, having jurisdiction over any question 
of a public or private character arising under the 
laws of that Territory, would have power, accord- 
ing to the rules of law, to go behind the legislation 
and inquire into the qualification of the members 
who composed the Legislature. I scarcely deem 
it necessary to argue a proposition of that char- 
acter, for I apprehend |:entlemen will search in 
vain for any rule of law tending in the remotest 
degree to establish such a proposition. All the ■ 
courts can do is to determine whether the laws 
passed by any Legislature are consistent witli 
the Constitution of the United States, or with the 
constitutions of the States in which they are 
passed, or, as in the case in hand, consistent with 
the provisions of the organic act. Finding them 
to be consistent with the Constitution or with the 
organic act, they must then proceed to administer 
them fairly and impartially as they stand upon 
the statute-book, and have no power to go behind 
the legislation to look into the qualification of the 
members of the Legislature from which they em- 
anate. If, then, the courts of the country "have 
no such power, with much less reason could this 
Congress arrogate to itself and exercise so mon- 
strous a power? For if this Congress has the 
power to declare the laws of Kansas null and 
void, because the Legislature was composed of 
members irregularly chosen, then, by a parity of 
reasoning, they would have the power, in a case 
similar to this, to go behind the legislation of even 
a State Legislature to inquire into the locality of 
the election of the members to that Legislature, to 
do which would bo a palpable invasion of the re- 
served rights of the States, and would lead to the 
most calamitous consequences. 

The act organizing the Territories of Kansas 
and Nebraska conferred upon or recognized the 
right of the people therein to govern themselves 
in all nuatters pertaining purely to their domestic 
interests and welfare, just as fiilly and completely 
as the States possess the power; and the same 
rules by which this House would be governed 
in passing upon the question of a contest for a 
seat, as the Representative from a State, musty 
govern them in their deliberations and action upor 
the case now under consideration. No line oi 
distinction can be drawn between them. 



Now, Mr. Speaker, tlie only ground upon himself to the House as a lojitimate contestant 
uliich Governor Rteilcr could coiuost General | of the right of General Whitfield to his seat — in 
Whilfuld's right to his seat would be that Gen- !| other words, even had he been a competitor of 
era! Whiifield had obtained his election by illegal || General "Wliitfif^ld before the people, and recog- 
votes; and even then he must make it aiipeartliat jj nizinl to the fullest extent the validity of the laws 
he was himself a candidate, and received a greater ' of Kansas— I submit that he shows in his state- 
iiuiiiber of legal votes than did General Whitfield. ' ment, which is made a part of the majority report, 
This, however, has not been, and I presume will | no just ground ujion which to ask the House to 
not be, pretended by Governor lleeder,or liy any ',' coijfer vipon the commiitee the power to send for 
of his Iriends; for the Governor says that he was ;' persoi).s and pap'>rs. It will be recollected that 
not a candidate at the election of the Jst of Oc.to- [l tlie election of a Delegate to Congress from the 
bcr; and he states, as the reason why he was not jj Territory of Kansas took place on the 1st day 
a candidate at that election, that he looked upon ;' of October, 1855, and that the returns of that 
the laws of the Territory as utterly null and void, | election were made to the proper officers of the 
and would not give countenance to them by sub- jj Territory. It must be borni; in mind, also, that 
mitting his claims to the people under them. I the act of 1851 prescribes the mode of taking 
contend, therefore, that Governor Reeder should ,j depositions in cases of contested elections. Gov- 
iiot be any longer enti^rtained by this House in ,'■ ernorRteder has not complied with the provisions 
contesting the right of General Whitfield to his ij of that act in any particular whatever. He failed 
seat. It does not appear that General Whitfield ,) to give notice to the silting Delegate, as that act 
had any comjietitor at all. Admitting, then, for j required. He faili;d to take depositions in thi' Ter- 
thesake of the argumc'Ut, thathedid receive many | ritory in accordiuice with the provisions of that 
illegal votes, still, if he nxeived any legal votes at l| act; and now tiiis House could not consistently 



all, lie is entitled to retain his seat upon this floor, 
the illegal votes which he received not vitiating 
his election according to any rule of law. 

Sir, the ]iower asked for, to send for persons and 
pajiersto be used as evidence in this case, ought not 
to be granted by the House for many reasons. 
Governor Reeder is manifestly a mere pretender. 
He comes before the House relying upon no law, 
national or territorial, on which to base his con- 
testation of Genera! Whitfield's seat; but, on the 
contrary, he comes before the House with the 



confer the power asked for by the majority of the 
committee, unh ss they or Governor Reeder can 
show to the House some extraordinary reason 
upon which to base the rec|uest; as for, instance, 
I some providential interference which prevented 
him from giving the notice, and taking the deposi- 
tions, and so forth. 

It will be seen, by reference to the report of the 
majoritj'- of the committee and the statement of 
Governor Reeder, that he represents that he was 
unable to take depositions to show how many 



bold declaration that thcje was no law of the Ter- i| illegal votes were cast, for the reason that he 
ritory of Kansas under which he could have been (j could not procure from the Secretary of the Ter- 
liimself elected. To grant the power asked by the j; ritory copies of the poll-books. He does wof stale 
majority of the committee would only be giving j in the paper referred to that he was ]"ire vented 
countenance to the merest pretender, ])utting !j from examining the poll-books in tlie office of the 
the sitting member to much trouble and incon- ^ secretary of the Territory, nor that he applied for 



venience, and possibly to great expense, interfcr 
ing with the legitimate discharge of his duties as 
Delegate from that Territory; and, besides that, 
bringing fifty or a hundred or more men to this 
city, at an enormous expensi; to the country, in 
full view of the fact that, if everything sliould be 
proven by them which is alleged in the report of 
the majority of the committee, and th.e statement 
filed by Governor Reeder himself, which is made 



any such purpose, and was refused; but simply 
that he was unable to procure copies of the poll- 
books. He states as a further reason that there 
were no officers in the Territory before whom he 
could take depositions, except some one of the 
jiidges of the supreme court of that Territory, 
who had received their appointmi>nts from the 
President of the United States; and that he could 
not take the depositions before them, because it 



a part of timt rejiort, this House could not then | would have b(,'en inconvenient for either jiarty to 
unseat General Whiifield without violating every ji travel through the Territory for the purjiose of 

depositions at the jioints which he 



well-established rule of law on the subject of con- 
tested elections. Sir, it could result in nothing 
more than an augmentation of the excitement al- 
ready unhappily existing in regard to that Ter- 
ritory; an excitement which all patriots and lovers 
of their country hope to see speedily subsidi;, as 
beiiiff dangerous to the Union and to the peace 



taking the 

v/ould have designated. He says that he could 
not have undertaken to take depositions before 
any justice of the peace, judge of a county court, 
or any other judicial officer in the Territory who 
held his office under and by virtue of the laws of 
the Territory, for the reason that he Inld those 



and well-beingof the whole country. This House |[ laws to be utterly null and void, and the oflicei-s 
should give no countenance and lend no aid to ! referred to as holding their offices without legal 
him who has originated a proceeding, and prose- j authority. 



cutes itto-day upon no legal basis, and for no legit- 
iniiUe or praiseworthy object, but only, as 1 verily 
beiii;ve, to def(.'at the operation of all law, and to 
involve the country in a wild and unhanjiy agita- 
tion in regard to the atlairs of Kansas, in order to j 



If the House, then, were to grant the authority 

asked for by the majority of the committee, it 
would be a concession on its part that the reasons 
assigned by the committee and by Governor 
Reeder constitute sufficient ground upon which 



keep up the association of his name with the ;; to grant him this indulgence; and it would be vir- 
eveiits of that far-off Territory and himself prom- 1: tually a declaration that the laws of tht,' Territory 
inentiy befort; the public eye, and espei-ially be- J were and are null anil void, and that there was no 
fore his peculiar northern friends and allies, as a 1] territorial officer before wliom Go\^ernor Reeder 
)nartyr to the cause of human fre'cdom, to African ]\ could have taken the depositions as required by 



i 



liberty, and to render himself an available candi 
date before the Pittsburg convention of the Black 
Republican party, 
but, sir, even if Governor Reeder presented 



law. This, I suppose, the House will hardly do. 
I hope not, at all events, for the sake of its own 
dignity and character as the national representa- 
tion. Begging, then, the House to remember 



3 



that it is sitting' as a court of justice in the matter 
of this contested caso, I ask if honorablo niemlicrs 
believe that, according to any rule of law, any 
court having' jurisdiction over cases arising under 
the laws of the Territory of Kansas, would grant 
a continuance to a party upon the facts alleged 
!>y G<'>vei'nor ReiMler in the majority report as the 
grounds upon wiiicli lie asks that the committee 
liave power to send for persons and papers in the 
case, thereby delajMiig; the investigation to almost 
an indefinite period ? No party in any court can 
ever obtain a continuance of liis case for the pur- 
pose of taking depositions or procuring evidence 
of any sort, unless he shows to the s;Uisfactioii 
of the court that he has used at least ordinary dil- 
igence in elibrts to procure the evidence ho seeks 
to obtain, and never when it is seen by the court 
that the factii which he seeks to prove, if estab- 
lished, would have no bearing on his caso under 
auj^ rule of law whatever. It is evident that, even 
if the facts stated by Governor Reeder were 
]iroven, us alleged, to the satisfaction of the 
House, the House could not, consistently with 
the well-established rules of parliamentary law, 
turn General V/hitfield out of his seat; and", even 
if they were to do so, it must be manifest to every 
member of this House, on every side and of all 
parties, that Governor Reeder shows no ground 
upon whicli we could put him in the vacant seat. 

And here, Mr. Speaker, I must be permitted to 
remark — for it is the deep conviction of my mind 
— that I believe Governor Reeder has no hope, 
not the relnotest expectation, of obtaining a seat 
upon this floor. His only ho|ie and desire is to 
unseat General ^Vhitfield. That being accom- 
plished, he would himself cpiietly, I doubt not, 
retire from the conflict, and we should behold 
another Richmond in the field — one Mark Dele- 
hay. Governor Reeder claims to have been elected 
by the " free-State party" in Kansas, in disre- 
gard, and indeed in contempt, of all law, territo- 
rial or national; but he has presented no certificate 
of an election, even, at the hands of a promis- 
cuous assemblage of disorganizing spirits. Sub- 
sequtmt to his election, tiie celebrated Topeka 
convention was held by the free-State party in 
Kansas, and they framed there what they call a 
State constitution, under which this said Mark 
Delehay was elected as a member of this House 
from the Slate of Kansas. JNTow, Mr. Speaker, 
I maintain that, if either Govcranc- Reeder or 
Delehay has any pretensions to a just claim to a 
spat on this floor, Delehay 's claim is certainly 
superior to Reeder's, inasmuch as his alleged elec- 
tion was subsecjuont in time, and was by votes 
received, not of the citizens of the Territory of 
Kansas, but of the State of Kansas, made so by 
the Topeka convention in a revokuioiiary move- 
inent, indepeiulent of, and in open defiance of, 
all law and of al! the constituted au.thoritics of 
thatTeri'ltory. Delehay siiould be more respected 
by the House than Reeder, for the reason that ho 
holds a cornmissi(jn; he has a certificate of his 
election, signed, I believe, by tlie immortalJames 
Robinson, Governor of " the State of Kansas," 
and cornes with the more high-sounding and dig- 
r)ified title of " Representative from the State of 
Kansas," instead of "Delegate from the Terri- 
tory of Kansas." 

But, i\Ir. Speaker, -with all the lights before us, 
furnished by the majofity and minority reports, 
accompanied by the ailegations of Governor 
Reeder and the denials of General Whitfield, to- 
gether with all the facts and circumstances that 
are known to the members of this House touch- 



' ing the course and conduct of Governor Reeder 
! whilst presiding over the affairs of the Territory 
of Kansas, it seems to me that Governor Reeder 
should be the very Last man to come into this 
House and maintain that the laws of Kansas are 
' nuUand void, for the reasons that he has assigned. 
I And why so, sir? The act organizing the Terri- 
: tories of'Kansas and Nebraska became a law on 
the 30th day of May, 1854. Governor Reeder 
' received his commission as Governor of the Ter- 
ritory of Kansas on the 29th day of June, 1854. 
[The Governor of the Territory of Nebraska re- 
ceived his commission on the 2d day of August, 
in the same year. The Governor of Kansas was 
required by law to have the census of the quali- 
fied voters of tlie Territory taken, as preliminary 
to holding an electioti for members of the Legis- 
lature of that Territory. It was also made his 
duty to designate the time and places of holding 
that election, and also the time and place of the 
" meeting" of the first Territorial Legislature. 

Substantially the same duties were required of 
the Governor of the Territory of Neiirawka. The 
first Legislative Assembly of the Territory of Ne- 
braska convened on the IGth day of January, 
1855, and thus the go vernment of that Territory 
■was put into successful operation even before 
Governor Reeder had taken the first steps toward 
the election of members of the Legislature of 
Kansas. It seems that the Governor of Nebraska, 
soon after receiving his commission, repaired to 
the field of his labors and entered at once upon 
the discharge of the responsible duties devolved 
upon him, with a view to promote the peace and 
general welfare of the Territory over which he 
was called to preside. No complaints were ever 
heard of his courso and conduct as Governor of 
that Territory; no disorder or disorganization 
was heard of; but on the contrary ,_ the affairs of 
that Territory were administered m'a way to give 
satisfaction to the peojile of the Territory, and, 
at the same time, to afford no ground of com- 
jilaint to the people of the neighboring State of 
Missouri or of any other part of the country. 
The Governor of Nel)raska, it seems, entered 
upon the discharge of his duties, carrying with 
him the high purpose offaithfuUy and inipartially 
administering the lav/s in their p uvity, with a view 
to promote the .peace, concord, and harmony of 
the people of hisj. Territory, and the development 
of tlie vast resou ces contained within the limits 
of that Territory. 

Whilst the Governor of Nebraska was thus 
administering the aflairs of that Territory in a 
way so satisfactory, not only to its inliabiianta, 
but' to the whole country, carrying out in all their 
purity the provisions of the Kansas-Nebraska 
act. Governor Reeder— as I think it will apper 
most manif(,'st to all who will examine his course 
and conduct— was aiming at the accomplishment 
of results, as Governor of that Territoi;y, openly 
at war witli the provisions of the organic act, and 
which tended to defetit the great principle n.'cog- 
nized in it — of the right of the people of the Ter- 
riu)ry to govern themselves, in al! matters per- 
taming to their doinestic interests, or their own 
way, without foreign interference or domestic 
violence. Governor Reeder received this com- 
mission, as I have before remarked, on the 29th 
d'ly of June, 1854, but he did not reach the Ter- 
ritory until the 7ih day of October of that year. 
Now, the question naturally arises, what occa- 
j sioncd this marked delay on his part? What was 
the cause of this tardiness of his movements i"/ 
There is, according to the convictions of my/ 



mind, from all the light before me, hut one answer 
to be given to these questions, and that answer 
is, that Governor Reeder, when he accepted the 
office of Governor of the Territory of Kansas, 
accepted it with the understandins;, at luast in his 
own mind, that he would administer it in such a 
way as to make the Territory free soil, if pos- 
sible. 

And liere, sir, it is important to bo observed 
and remembered, that even before the Kansas- 
Nebraska act became a law, in anticipation of its 
passage, the opponents of slavery as well as of 
that bill formed an association in this city, which 
was called the " Emigrant Aid Society," and the 
object of which was to induce persons of anti- 
slavery proclivities to emigrate to that Territory. 
As an inducement to such emigrants, this asso- 
ciation was to furnish them with the means that 
would enable them to reach the Territory, with 
the express understanding tliatall wiio went there 
under the auspices of that association were, in the 
first election of members of the Legislature, to 
vote for those, and those only, who were opposid 
to the introduction of slavery into the Territory. 
I well remember to have seen the subscription 
pa)>er which was in the hands of a then member 
of Congress from Massachusetts, Mr. Goodrich, 
wlio was president of that association; and the 
only object specified in that paper to be accom- 
plislied by the association was, to defeat, to use 
their own language, the iniquitous objects of the 
Kansas-Nebraska bill, or, in other words, to con- 
trol the elections and to make Kansas a fn'c State. 
It was for that purpose, and none other, that this 
association was organized and persons in the free 
States induced to emigrate to that Territory. 

In verification of this fact, I have been author- 
ized by an honorable member from the S^ate of 
Indiana, [Mr. Mace,] ^l•ho was one of the vice- 
presidents of that associatirm, but whom 1 do not 
now see in his seat, to s.iy that there v/as but one 
purpose contemplated by that organization, and 
that was to send persons to the Territory of Kan- 
sas to make it a free State, by controlling, if pos- 
sible, the first election for memljcrs of the Legis- 
lature. Nothing was then said by any of llie 
members of that association about the suffering 
poor of the eastern cities and other localities in 
the free States. They said nothing then about 
their deep interest in, and solicitude for, the hap- 
piness and welfare of the thousands of poor white 
people in the free States, Nothing so commend- 
able and praiseworthy then jiromptcd those 
patriolic and philanlhropic members of Congress 
and citizens of the country to contribute money 
to aid the people of the free States to emigrate t<i 
the far West, "on tlu; sunset side of the father of 
floods," to find themselves new homes, and to 
better their condition and tiiat of their families. 
Their sympathies and their charities were all to 
be exhausted upon those sable objects whom they 
so much delight to worship and to love as repre- 
sentatives and as citizens — the sons and daughters 
of Africa. It was the Africans who then occupi'^d 
the warmest place in their hearts. It was syn^ 
pathy for the Africans that then ]>rompte(l them 
to subscribe money and induce the poor, duped 
white men of the North to go two thousand miles 
on the wild adventure of controlling the elections 
of that Tirritoiy, and to def at what they said 
was the object of tiie Kansas-Nt^braska bill, viz: 
to establish slavery in Kansas. I saw the names 
of many members of Congress to that paper, sub- 
scril)ing sums varying from twenty-five to one 
hundred dollars; and among others I remember 



to have seen the name of the honorable gentleman 
who now presides over the deliberations of this 
body. I allude to this in no spirit of unkindness, 
and with no desire to offend in the smallest de- 
gree, but, on the contrary, with every respect to 
that gentleman. 

Mr. SIMMONS, (in his seat.) I would ask 
the gentleman, whether it was by armed force, or 
by peaceable means, that that association pro- 
posed to control the elections in Kansas? 

Mr. OLIVER. I do not know whether it was by 
armed force or not. I presume not, however, for 
I take it that no men who would allow themselves 
to be herded upon steamboats, and shipped to 
the plac>i of destination for a particular purpose, 
under tlni control and management of an associ- 
ation of men, would have any particular desire 
to indulge in tjie exercises incident to ]->hysical 
strife with deadly weapons. But, I will further 
remark, in response to the gentleman, that the 
New York Tribune — that notorious Abolition 
aiul disorganizing pa]K'r,the leading org;in of his 
Black Republican jnirty — has counseled emigrants 
from the North to use Sharpe's ritles, if need be, 
to defeat the introduction of slavery into that 
Territory; and has said that with " men, money, 
and Sharpe's rifles," they would control the 
Territory of Kansas, in spite of the legislation 
of Congress and of the Territory, and " Pierce, 
Cushing, and Co." 

Sir, 1 believe that even the preachers of the 
Gospel, north of Mason and Dixon's line, have 
counseled the use of deadly weapons in order 
to make Kansas a fn!e State, saying that if ever 
the j)eople are justified in resorting to force, to the 
use of deadly weapons, to civil strife, and to the 
shedding of fraternal blood, it is when it becomes 
necessarj'- in order to prevent the introduction of 
slavery into any jiortion of our national domain. 

Mr.TRAFTON, (inhisseat.) The gentleman 
is mistaken in sayinij ull the preachers. I am a 
preacher, and have given no such counsel. 

Mr. OLIVER. The gentleman from Massa- 
chusetts says that he is a preacher, and tluit he 
has luen guilty of no such impropriety. 1 did 
not know that the gentleman was a preacher, 
and I am sorry to learn that there arc preachers 
in this House. Sir, it is to be n^gretted by all 
God-fearing men that professed ministers of 
Almighty God should descend from their high 
and holy vocation — that of preaching the word of 
their Master to the people, and whose duty it is 
to preach "peace and goodwill among men," 
and to aid tluir fellow-btings in making prepara- 
tion for that salvation which is promisecl to the 
devout and finally faithful in tlie world to come — 
and should be found or. this floor mixing and 
commingling with tlie M'orld in the bitter strifes 
and npreheiisiljle inlrigucsincident to the political 
party conilicts of the day. And certainly it is to 
be deplored by all who feel a reverence for the 
laws of Heaven, that we find professed ministers 
of Christ, members of this House, expressing 
sentiments of encouragement and giving counte- 
nance to a man who has violated all law, and, at 
the head of a party, set himself up sujK-rior to, 
and in open defiance of, law and order, and the 
constituted authorities in thi' Territory of Kansas. 

But, sir, the question recurs, what was the cause 
of Governor Reeder's extraordinary delay in 
reaching the Territory ai*d taking steps to put 
the government in successful operation? I shall 
undertake to show what that cause was — not by 
absolutely conclusive testimony, but by legitimate 
deductions from the facts and circumstances which 



are known to have existed at that time. This 
emigrant aid society was formed, as I before 
stated, at or about the time of the passaj^c of the 
Kansas-Xeliraska act. I have also stated its pur- 
poses. Now, it did require some time before that 
society could be put in successful operation, and 
a much longer time before, under its operations, 
emigrants could be transported into the Tt^ritory 
of Ivansss for the purposes avowed in its organi- 
zation. This was well known to Governor Reeder, 
and, as I tliink the sequel will prove, he sym- 

fathized with it from the moment of its creation, 
t will be remembered that he never reached the 
Territory of Kansas until the 7th day of Octob(;r, 

1854. There is no reason that can be given of 
a satisfactory character why lie delayed Ids com- 
ing to so late a period. The only reason was, 
that he desired to give time for the successful 
operation of this emigrant aid society. When, 
at last, he reached the Territory in October, the 
people residing therein supposed, as it was per- 
fectly natural they should do, that the Governor 
would at once take the steps required by law 
towards fully organizing that Territory. Indeed, 
they petitioned and urged him to order an election 
for members of the Legislature at the earliest 
practicable moment, and he put them off from 
time to time with reasons aUogether unsatisfac- 
tory and signifying nothing. It will be remem- 
bered, also, that he never issued his proclamation 
for the election of members of the Legislature 
until about the I4th of March, 1855. 

And, in this connection, I beg to state what 
every gentleman upon this floor, who is familiar 
with the current newspaper history of the times, 
well knows, that, in tiie months of January and 
February, the people in the free States knew at 
or about what lime the election for members of 
the Legislature of Kansas was to take place. 
The people of the free States knew more about 
the state of ciffairs in Kansas Territory, and what 
were the purposes of Governor Reeder, than did 
the citizens of the Territory or of the adjoining 
State of Missouri. From whom did tliey derive 
their information ? Surely they could have de- 
rived information so precise as to the time when 
the election was to take place from no one but 
the Governor himself, or from some one author- 
ized by him to speak on the subject. Now, such 
being the case, why did Governor Reeder give 
them this information relative to the time when 
the first election would be held, unless it was to 
enable the emigrant aid societies to be prepared 
to send the greatest possible number of men into 
Kansas in th(> early spring, as soon as the navi- 
gation should open.' 

I will mention, as an important fact in this con- 
nection, that until on or about the 14th of March, 

1855, the people of the Territory of Kansas were 
wholly ignorant as to the time when this election 
was to lake place, and the only information they 
reccivi:d upon the subject was through news- 
papers pulilished in the free States, which, of 
course, they could not regard as absolutely reli- 
able. The Governor, then, had postponed the 
election of members of the Legislature as long as 
he possibly could. The people of the Territory 
were beginning to murmur and to grow indignant 
on account of this delay, and on the further 
account that they began to suspect that the Gov- 
ernor was accommodating his action to the con- 
venience of the emigrant aid society, and that 
he'never intended to order an election of memliers 
of the Legislature until the fullest time had been 
allowed to that society to develop itself. He 

( 



delayed the elections as long as he could with 
any sort of plausibility; and, at last, ordered them 
to take )ilace on the 30th day of March. 

And here, sir, let me state a fact which fell 
within my own observation. I left St. Louis on 
the 10th or 11th of March in that year, and the 
boat upon which I went uj) the Missouri river 
was litcrnlly crowded with passenger.?!, nearly all 
of whom I found to be persons from the free 
States, and traveling under the patronage and 
auspices of the emigrant aid society. Many of 
their trunks were lab(;led,as I noticed, with cards 
having upon them the name of Thayer, the agent 
of the society at St. Louis. I conversed with many 
of those persons on the way up the river. I asked 
them where they were going, and the general re- 
ply was, to Kansas. 1 spoke of its being quite 
early for emigration, because it was the month 
of March, and very inclement; there fell a snow 
seven or eight inches in dejith before I reached 
my home. I asked them why they had started 
out so early in the spring, while the weather was 
so unpleasant. The answer generally was, that 
they desired to r(!ach Kansas at the earliest pos- 
sible moment, and particularly to be there on the 
30th day of March, for the purpose, as they said, 
of voting for members of the Territorial Legisla- 
ture. Nearly all of the boats that went up the 
Missouri river early that spring were crowded 
with passengers from the free States, traveling 
under the auspices of this emigrant aid society. 

Well, sir, the election took place on the 30th 
of March, 1855; and it is a well-known fact, sus- 
ceptible of the clearest proof, were it necessary, 
that hundreds of those emigrants, in less than 
one week after the election was over, were seen 
returning, as they said, to their homes in the East 
on steamboats and by land, saying that they had 
fulfilled their obligations to those under whose au- 
spices they had gone there; that they had seen the 
Territory; that they did not like the appearance 
of it; and that they thought they could be much 
more happy at their old homes in the East than 
in the Territory. In proof of the assertion that 
these emigrants were mere adventurers, I beg to 
state the fact, that there were not more than eight 
or ten females to two or three hundred males in 
that emigration, and that their traveling equi- 
pages consisted, in the main, of hand-sacks and 
small trunks. Some of them had guns, and 
nearly all of them side-arms and other weapons 
of offimse and defense. 

When the people in the western part of the 
State of Missouri heard of these things, b^ng 
satisfied that the sole object of this emigrant aid 
society was to throw men into the Territorj"" to 
control the first election, and when they saw with 
their own eyes hundreds and thousands of men 
pouring into the Territory just before the election, 
their apprehensions were excited, and they were 
rendered indignant to the highest degree at the 
idea that abolitionism in the North shovdd resort 
to such unusual and extraordinary means to de- 
feat the establishment in Kansas of an institution 
which existed amongst themselves. Many of 
them went over into the Territory, for no pur- 
pose of violence, but rather to aid in preserving 
th(^ laws of the Territory and the purity of the 
ballot-box. But at the same time I will say, in/ 
all frankness, that many of them went into the 
Territory determined to vote, if it was necessar; 
to prevent the effects which would otherwise hav/ 
resulted from this unusual and extraordinary ir 
termeddling with the local interests and doraes^ 
institutions of that Territory by those who hi 



reached it under the auspices of the emigrant aid 
gociety. I do not know, liowevor, of a verity, 
that any citizen of Missouri voted in that Terri- 
tory. Tlicre may liave been some who did; but 
if tliey did, they did nothing more than was done 
by hundreds of persons wlio had reached the 
Territory only a few days before tlie election, 
and who had not been within its borders more 
than three or four days. Hundreds of sucli per- 
sons kft the Territory for their homes in tlte East 
— some tile very cvening'after tlie election, and 
others a few days afterwards. If, then, there 
were any illegal votes cast by Missourians at that 
election in the Territory of Kansas, they were 
cast to counteract the evil effects of the illegal 
votes cast by those who had intruded themselves 
into that Territory for but one purjiose, and that 
was, to vote to control the election uf meniljers to 
the Territorial Legislature. I do not pretend that 
any such voting was lawful, but I do maintain 
that if that be true which I have stated, as to the 
interference of the proteges of this emigrant aid 
society, it is a circumstance that goes far, very 
fai-, to mitigateany irregularity on the part of the 
people of i\lissouri in voting at that election. 

Now, Mr. Speaker, with these facts and cir- 
cumstances before us, I think I may with every 
degree of propriety assert, that if, after Governor 
Reedcr received his appointment as Governor of 
tl'.e Territory of Kansas, he had within a reason- 
able period of time repaired to the field of his 
duties and taken steps towards putting the gov- 
ernment of Kansas into successful operation, there 
would have been no illegal toting in the Territory, 
there would have been no strife, no contention, 
1)0 disorder, no shedding of fraternal blood; but 
that on the contrary the election would have 
passed of^" quietly, unmarked by any occurrences 
that would have attracted the attention of the 
people outside of the Territory; but Governor 
Reeder, as I verily believe, designedly delayed 
entering upon the duties which devolved upon 
him as Governor of that Territory, fen- the pur- 
pose of giving to the eastern emigrant aid society 
ftrll time and opportunity to flood the Territory 
of Kansas with those whom they sent there for 
the purpose, and the sole purpose, of controlling 
the first election of members of the Legislature 
of that Territory. Such interference was well 
calculated to engender bad feeling, and to lead 
ultimately to physical strife between the contend- 
ing parties in that Territory; in some few in- 
stances, alfrays occurred, blood was shed, and 
lives were lost; and all of that blood and those 
lives sacrificed, I charge, rest this day upon the 
liei\d of Governor Reeder. 

At the time of the passage of the Kansas-Ne- 
braska act, the people of Missouri were compara- 
tively unconcerned in regard to the institutions to 
becstablishcd in the Territory of Kansas. A great 
majority of them, hovv-ever, were strongly in favor 
of the repeal of the Missouri restriction, or so- 
called comiiromise, because they felt that when 
that was done an unjust restriction was rejiealed, 
and the Territory opened up to southern as well as 
to northern men, with the property of each. They 
were willing to let the principle recognized by the 
Kansas-Nebraska act — of the right of the peo[)le 
of the Territory to settle all questions of domestic 
policy (including the subject of slavery) in their 
own way — to take its ordinary and legitimate 
course. They were perfectly willing to abide by 
the principle recognized in that act; and if that 
Territory liad been peopled under the ordinary 
iws of emigratjion and settlement, by persons 



attracted thither by the usual inducements for 
the purpose of becoming bona fide settlers of the 
Territory, the people of Missouri never would 
have thought of the least interference or irregu- 
larity of movement in regard to the formation of 
the institutions of that Territory. They would 
have been governed by the well-(?stablit;hed prin- 
ciple that lies at the foundation of our Kepublic — 
that the will of a majority of the people of the 
State, or of any lawtiilly-constituted community, 
should govern in tdl matters pertnining to their 
domestic interests and welfare. But, seeing, as 
they did, an elTort made on tiie part of these as- 
sociations in the East, and even by State Legisla- 
tures chartering companies, as did the Legislature 
of Massachusetts, with a cajiitalof |5,U00,000, to 
send emigrants to that Territory, to ni;ike it fnt', 
the peo[>!e of Missouri were justly indignant at 
so gross an interference with the affairs of Kan- 
sas — an interference which was intended to operate 
prejudicially to the institution of slavery in the 
Slate of Missouri. They were then determined 
that they would not stand quietly by and behold 
this incursion into the Territory, and this inter- 
ference in a way so extraordinary in its character 
and wholly without example in the history of the 
country, and the natural effect of which must be 
to injure them in their rights of property and ill 
their general welfare. 

Sir, whatever the people of western Missouri 
may have done in that Territory, if the facts and 
circumstances fail to make out a clear case of jus- 
tification, they will, 1 am sure, in the judgment 
of all reasonable men, greatly mitigate their al- 
leged impropriety in regard to the allairs of that 
Territory. And in their behalf I am prepared to 
make this declaration, that whenever these asso- 
ciations arc broken up, these chartered companies 
torn down, and this interference on the part of 
associations in the East with the subject of slavery 
in Kansas ceased, the people of western Missouri 
will then be the first to condemn any improper in- 
terference with the elections in that Territory or 

' with any matter that pertains to its local and 
domestic interests. They will be wilUng to abide 
by the decision of the actual, bona fide settlers of 
that Territory in regard to slavery or any other 
subject; and, however much they may regret the 
decisions of the people of that Territory, as they 
maj'- operate upon their own interests, either di- 
rectly or indirectly, they will still, as loyal, faith- 
ful citizens, bow submissively to the judgniinit of 

! the majority of the actual inhabitants of that Ter- 
ritory in the formation of their social institutions. 

I Mr. Speaker, my ]icople have been di'iiounceil 
as " border rufiians." Border ruffians! A term 
intended to disparage that people — to gvt up a 
public sentiment in the North for political ends. 
The Alissouri " border ruflians" — a people made 
up of persons coming from the old Stati s, of nun 
of wealth, intelligence, and high moral v/orth — 
men of enterprise, public and private. To de- 
termine the correctness of what is intended as an 
opprobrious epithet, you have but to go througli 

\ that part of the State — to behold the wide-spread 
fields, churches of every denomination, ninmrous 
school-houses, the high state of civilization and 

' refinement; and then talk about the people of Mis- 
souri being " border rutfians ! " Behold its j)e0jjle 
made up of citizens of every country— of men 
Irom the "Old Dominion," from Kentucky, from 
every southern State, from many of the northern 
States — behold them, a proud, gallant, and patri- 
otic people, conscious of their rights, and with 
nerve to maintain them; and then let these traitors 



vindertakc to designate them by the title of " bor- 
der ruffians." 

I do not allude to this in any sj)irit of unkind - 
iiess. The term lias ceased to be any longer a 
term of reproach, or to wound the sensibilities of 
llie people of western Missouri. I even see that 
the ladies in my Slate are called "border ruf- 
fians." They understand it all, and treat it with 
diirnified contempts 

^Veli, when Governor Reeder gets control of 
matiei-s in Kansas, then comes this flood of emi- 
jjrants from the East, under the auspices of these 
"emigrant aid societies;" of course, it was for 
no oilier purpose than to control the approaching 
election. Tliat was their avowed purpose. It 
was the purpose for which they went up the river; 
and 1 submit it to you, as candid gentlemen, as 
men of spirit, of honor, as men who are conscious 
of your rights, would you, were you an inhabit- 
ant of Missouri, allow your rights to bo invaded, 
your projierty to be depreciated and rendered 
insecure, and your cou)itry to be flooded by a 
class of men whose design was to perform acts 
and pass laws which would materially afl'ect your 
rights and interests ? and that, too, in a Territory 
in wiiich you had the same rights with them and 
every portion of the country ? I ask for an honest 
reply- Wiien the people of Missouri saw these 
proceedings on tlio part of thesi; intermeddlers in 
the affairs of Kansas, and in contravention of the 
princijilcs of the Kansas-Nebraska act, they were 
aroused — I confess it, and confess it with no spirit 
of liumiliation, but v/ith pride, and to the honor 
of my people — tiiey were aroused to an indigna- 
tion which knew no bounds. They said, "Let 
pi'ace be upon our borders. We will observe, if 
possible, the law; we are opposed to the shedding 
of fraternal blood; but these people have come 
with the declared determination that the Territory 
shall be made free by this extraordinary organi- 
zation, and if they v/ill vote against law, we will 
ask to be allowed the same privilege, rather than 
the shedding of blood." 

Ii has been charged, Mr. Speaker, in the paper 
filed by Governor Reeder, that the people of Mis- 
souri went into that Territory with martial music, 
with banners flying, and, he says, with powder 
and arms. Does lie allege that there was any 
civil strife within the Territory .' There was none. 
Nor do I know of any Missourian who voted at 
that election in that territory. Not one. On 
the otlierhand,liundreds upon hundreds from the 
East, who went into that Territory about the fif- 
teciuh of March — about fifteen days before the 
election — did vote; and when the election was over, 
they went down the river by hundreds. They 
said that they had voted; that they had seen the 
elephant; were gratified with the sight; and had 
concluded to leave thi;re. That was according to 
the contract under which they went tlierc. 

Very well, then; we had members of the Legis- 
lature elected, and Governor Reeder was the pre- 
sidingofliccroftheTerritory. He had authority lo 
commission the memijers elected. Of thetwenty- 
eix members elected to the Assembly on the first 
returns, he commissioned seventeen. Gov'ernor 
Reeder himself commissioned seventeen, notwith- 
standing he now says, in his statement to this 
House, that the elections were all made by ])eople 
who came from Missouri, accompanied with force 
and violence. If such was the case, did not he 
know it then? Was he not in the Territory, and 
did he not know it.' He knew full well that if 
there had been irregularity on the one side, there 
had been also on the other, and he knew'liow it 



was brought about. When the members elect 
1 presented themselves, he commissioned all but 
\i nine, and those nine he refrred back to the 
' jieople. The election took place, and then the 
jj Legislature had a right to pass upon the qualifi- 
cations of its own members as an ultimate power. 
Nobody denies that Governor Reeder thus com- 
missioned seventeen out of twenty -six members. 
The others were referred back to tiie people. 

Now again comes up the question: Governor 

Reeder says that General Whitlirld is not entitled 

to a seat, for the reason that the laws of the 

i Territory are null and void, because the Legisla- 

'; ture was illegally constituted. If it were illegally 

ii constituted, Governor Ri)i:dQrwdr< paiticcps criini- 

l! nil. If it were illegally constituted, he knew the 

facts of its illegality, and yet be sanctioned it by 

his act as Governor of the Territory. But let me 

proceed further. 

After the election was over. Governor Reeder 
issued a proclamation convening the Legislature 
at Pawnee City, and the Legislature did meet 
there. And here, Mr. Speaker, let me call the 
attention of gentlemen to this particular fact. 
Governor Reeder issues his proclamation calling 
together tlie Legislature, which he now says was 
illegal, at Pawnee City, a place one hundred and 
forty miles from the Missouri river, on the mar- 
gin of the sparse settlements of that Territory, 
where there were no buildings, no conveniences, 
no provisions — having to get all their supplies 
from the riv(!r — and wlierc cholera was prevailing 
to a frightful extent, that terrific disease making 
more victims there, in proportion to the popula- 
tion, than anywhere else. The Legislature met 
at Pawnee City, and Governor Reeder caine before 
them with his message. And why did he con- 
vene them at Pawnee City? I]ecause the Gover- 
nor and others had been making investments in 
town sites on the military reservation, and expected 
to realize handsome fortunes. The assembling 
there of the Legislature would give the place 
character and notoriety abroad. And here let me 
remnul the House that the President of the Uni- 
ted States tells us that for complicity in this same 
offense of trespassing on the military reservation, 
a distinguished ofiicer of the Army was court- 
martialed and cashiered. When the Legislature 
met there. Governor Reeder flattered himself he 
was going to realize an immense fortune; and see 
how beautifully he talks ! The Legislature is all 
right now. There is no illegality in its consti- 
tution. The Legislature is quite legal so long as 
it sits in Pawnee City. Hear how Governor 
Reeder goes on in his message to the Legislative 
Assembly: 

"Having been duly' notifii^d that yoiir respL-ctivc bndies 
have organized for tile pL'rf.irmaiK-c of your ollicial functions, 
I lierewitli submit to you tlie usual executive communica- 
tion relativt' to jiulijocts of legislation, which universal and 
loug-coutinuud usage in analogous cases would seem to 
demand, although no express requirment of it is lo bo found 
in tlic act of Cojigress which has brought us into official ex- 
istenre, and prescribed our several duties. 

" The position wliich we occupy, and tlio solemn trust that 
is confided to us for originating the laws and Institutions and 
molding tiic d^'stini^;s of a new republic in the very geo- 
urapliical center of our vast and magnificent Confederation, 
cannot but impress us with a deep and solemn sense of the 
heavy responsibility wliich we have assumed, and admonish , 
us to lay aside all selfish and equivocal motives, to discani/ 
all unworthy ends, and in tlic .spirit of justice and charity/ 
to each other, with pure hearts, tempered feelings, andsobe* 
jiidmuents, to address ourselves to our task, and so perforn 
it, In the fear and reverence of that God who ovei-sces oi/ 
work, that the star we expect to add to the national bann/ 
shall be dimmed liy no taint or tarnish of dishonor, and th/ 
when viewed from the trying and scrutinizing stand-pc] 
of the future, we shall be subject to no reproach save i 



r^ 



Lunriix I ur i>-uriUKti>b 



8 



■which ppriii^'s irom the inevitabh; fallibility of just and up- 
right iiiL'ii." 

The LoEjislaturc, I repeat, met pursuant to his 
proclamation, at Pawnee City; there he sends 
tliis communication to them — an extract from 
whicii I have road — and recommends the passage 
of certain measures uiiich, in his judgment, would 
promote the general welfare of the Territory. He 
admonishes them. al>ovc all things, to forget 
everything of self, and to rise above everything 
sordid; ajid this, too, on account of his high re- 
spect for his country, and for that God who is 
the ruler of nations, he invokes them in the style 
I have read. Now, Mr. Speaker, and gentlemen 
on each side of the House, I ask you, in all truth 
and soberness, ouglu not Governor Reeder's 
mouth be closed on this subject forever.' 

But let us go further. The Legislature, on 
account of the absence ofaccommodations at Paw- 
nee City, the absence of houses and provisions, 
and inasmuch as many were failing before the 
pestilence prevailing there, passed an act remov- 
ing the place of their sessions temporarily to 
Shawnee Mission. The Governor vetoed that 
enactment. Why? Because of his personal inter- 
est in Pawnee City. But the Leo-islature passed 
the act over his veto by a two-third vote, all the 
members being in dread of the pestilence. They 
accordingly started to Shawnee Mission, and 
there came thi' Governor, sauntering along after 
them. [Laughter.] The very fii'st bill passed by 
the Legislature at Shawnee Mission was one for 
the establishment of some little ferry, or some- 
thing of that kind, and he vetoed it. On what 
ground ? Why, sir, on the ground that the Legis- 
lature was not silting where he had convened 
them, and where the law called them, as he 
alleged. 

Now, Mr. Speaker, just look at it. The or- 
ganic act fixed the temporary scat of government 
of the Territory of Kansas at Fort Leavenworth, 
provided tliey could procure buildings; and con- 
ferred upon the Governor the right to designate 
the time and place for the meeting of the Legis- 
lature. But It was found that they could procure 
no sufficient buildings at Fort Leavenworth, and 
so, from the necessity of the case, the Governor 
established temporarily the seat of government 
at Shawnee Mission. Now, he had no authority, 
under the organic law, to establish the seat of 
government temporarily at Shawnee Mission. 
What right had he to do so ? He acted simply 
from the necessity of the case, and not by au- 
thority of any law. Then, when he had con- 
vened the Legislature, and it was regularly organ- 
ized, I contend, and submit it to every member 
of this House, that it had a right to adjourn to 
such time and place as it deemed right. Under 
the organic law, the legislative power of the 
Territory was to extend to all rightful'subjucts of 
Ii'gislation, consistent with the provisions of the 
Constitution of the United States and with the 
provisions of that act, section twenty-four, which 
IS in these words: 

" 'I'hat the Icgislativo power of the Territory shall extend 
to all riahtful suhjccts of Icjuislation, consistent with the 
Constitution of the United ^States and the provisions of this 
act." 

Now, I submit to every well-balanced mind if, 
after having met in Pawnee City, under the cir- 
cumstances, they had not the right to adjourn to 
meet inanoilwr place, witiiout violating any law? 
I say they had; and I wish to call the attention 
of the House to the peculiar phraseology of the 
organic act of Congress in this respect. It says: 
"The Governor shall designate the time and place 




I when and where the 

I language: " shall mee „ /»-- ««^ — 

j in regard to the Legi 016 088 983 4< 

j " the Governor shall Uesignaio me uiin,tum ^....-^ 
■ when and where the Legislative Asseml)ly shall 
I hold its first session." One designates the place 
; where the Legislative Assembly shall only meet, 
\\ and the other designates the place where it shall 
ij hold ks first session. The Legislative Assembly of 
!; Kansas did meet at the time and place d'^signated 
j; by Governor Reeder; then, in accordance with 
j! the authority of the organic act of the Territory, 
|{ by the clearest implication, they had the right to 
! pass an act, as they did do, changing their place 
![ of holding their session. 

I Well, sir, Governcu- Reeder vetoed that act; and 
I! after having continued his inal-adminislralion as 
Governor of the Territory, meanwhile trespassing 
upon the public lands, military reservations, and 
misconduct in other respects, the President saw 
fit to remove him from office. Sir, it was a just 
removal. It was an act that ought to have been 
performed long before, for, by retaining him, it 
was drawing around the President suspicions 
among the people, in various portions of the coun- 
try, that he was acting in bad faith towards the 
people of the South. But, sir, I am pleased to 
say, on my own behalf, as well as on behalf of 
my constituents, that the recent brilliant rays of 
light which have i)een thrown out from the exec- 
utive mansion, in th(; President's annual me.?sage, 
and in his more recent special message on Kansas 
affaii-s, have dispelled all the shadows that had 
begun to make their appearance in consequence 
of the suspicion of his supposed favorableness to 
Governor Reeder's conduct. But he now stands 
before the country fully redeemed as a man of 
integrity, of firmness, and of high moral courage, 
determined to execute faithl'uUy the Constitution 
and laws of the country, and to preserve ihi.'m in 
all their purity, as they relate to the equality of 
rights of every portion of the country. 

I call the attention of the House to the fact, that 
this revolutionary party — this " free State party," 
as they are called — assembled at Lawrence, and 
fortified the town, )n-ocured, or had, a supi)ly of 
Sharpe's rifles and artillery, with the avowed 
pul'pose of resisting the reguhu-ly constituted au- 
thorities of the Territory. These acts were com- 
mitted by that party whose ruling spirit was 
Governor Reeder. 

Now, sir, ought we to adopt this resolution, 
authorizing the Committee of Elections to send 
for persons and papers ? If you do it you thereby 
give countenance to revoluticni; you give counte- 
nance to a man who has i)ut himself at the head 
of a body of people acting in defiance of all law, 
and in defiance of the regularly constituted author- 
ities; you give countenance to a man who has 
been the principal instigator of the movements 
which have given rise to the recent troubles in 
Kansas, which required the Governor to call out 
the strong arm of the Territory to maintain the 
majesty of the laws. Will you lower the dignity 
of the House? Will gentlemen put a stain upon 
the Government by authorizing a committee of 
this House to send nearly two thousand miles for 
persons as witnesses to be used at the instance of 
a man who has counseled revolution and treason — 
I who sowed broad cast in that Territory the seeds 
, of revolution, strife, and the shedding of frater- 
nal blood. By our action in this afliiir we should 
teach him and all such, that revolutionists, dis- 
turbers of the public tranquillity, can never receive 
counftnance from the American Congress. 



\ 



..„!!"" °PCO,.GRK: 



0'6 088 983 4 



